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To: Verginius Rufus
The Supreme Court in 1871 had nine Yankees on it, 5 selected by Lincoln himself.

That's because all the southern justices had resigned and run off to join the rebellion. I imagine that they had visions of helping establish the confederate supreme court. Boy, weren't they surprised!

Regardless, Virginia v West Virginia was a 7 to 3 decision, and by agreeing to hear it the court recognized West Virginia's status as a state.

79 posted on 09/10/2005 9:27:38 AM PDT by Non-Sequitur
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To: Non-Sequitur

Actually, it looks like 3 Southern justices remained on the U.S. Supreme Court until their deaths (including Roger Taney, who died in 1864), one died in 1860 but was replaced by a Lincoln nominee rather than by a Buchanan nominee, and one resigned to go home to his state. There was also one justice from Ohio who died during this period.


89 posted on 09/10/2005 1:05:52 PM PDT by Verginius Rufus
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